9.16 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Exigent Circumstances

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
9.16 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Exigent Circumstances refers to a specific exception to the Fourth Amendment's warrant requirement, which states that a search or seizure conducted without a warrant is presumed to be unreasonable. Exigent circumstances is an exception to the warrant requirement that allows law enforcement agents to conduct a search or seizure without a warrant when there is an imminent threat of harm or destruction of evidence. Examples of exigent circumstances include hot pursuit of a suspect, danger to public safety, and destruction of evidence. Other types of exigent circumstances include emergency entry, automobile exception, consent of the owner, and plain view searches.

9.16 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Exigent Circumstances refers to a specific exception to the Fourth Amendment's warrant requirement, which states that a search or seizure conducted without a warrant is presumed to be unreasonable. Exigent circumstances is an exception to the warrant requirement that allows law enforcement agents to conduct a search or seizure without a warrant when there is an imminent threat of harm or destruction of evidence. Examples of exigent circumstances include hot pursuit of a suspect, danger to public safety, and destruction of evidence. Other types of exigent circumstances include emergency entry, automobile exception, consent of the owner, and plain view searches.

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FAQ

Specifically, the court held that ?the exigent circumstances rule applies when the police do not gain entry to premises by means of an actual or threatened violation of the Fourth Amendment.?

One occurs when an officer has probable cause to believe that the time it would take to go get a warrant would result in the destruction of the evidence. The second is when officers in hot pursuit of a fleeing felon chases that felon into a REP area.

Santana, 427 U.S. 38, 42?43 (1976); see also Birchfield v. North Dakota, 579 U.S. 438, 456 (2016) ( The exigent circumstances exception allows a warrantless search when an emergency leaves police insufficient time to seek a warrant.

The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.

Solari: An exigency is something that requires immediate attention; for instances, preventing the destruction of evidence, or preventing the escape of a fleeing felon, or preventing harm to somebody.

The exigent circumstance cases can be divided into two general types: those that involve the enforcement of the criminal law, and those that involve the community caretaking function of a police department.

McConney are "circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate

More info

Exigent circumstances are essentially exceptions to the general requirement of a warrant under the Fourth Amendment searches and seizures. Search nonetheless permissible because it falls within an exception to the warrant requirement?B. Te Fourth Amendment's "Reasonable Expectation. Learn about the Fourth Amendment's reasonableness requirement for a warrantless search and more at FindLaw's Criminal Rights section. The Fourth Amendment protects against unreasonable searches and seizures, meaning law enforcement generally needs a warrant to search your property. QUESTION PRESENTED. Whether the "community caretaking" exception to the Fourth Amendment's warrant requirement extends to the home. In general, if a search warrant doesn't authorize the search of a person's home, then the search is "unreasonable" under the Fourth Amendment. Constitution guarantees the right of any individual to be free from unreasonable searches and seizures. Emergency justifies the intrusion upon a citizen's Fourth Amendment rights.

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9.16 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Exigent Circumstances